20120229 TZCA Mwanza

20120229 TZCA Mwanza

The sentence of fifteen years imprisonment was not manifestly excessive given the circumstances bordering on murder, and the trial judge exercised proper discretion considering all relevant factors and affording the appellants an opportunity to be heard.

Citation
20120229 TZCA Mwanza
Parties
Appellant: Patrick Matabaro @ Siima; Appellant: Dawson Protace; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
29 February 2012
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence
Outcome
appeal dismissed
Legal Topics
Sentencing, Manslaughter, Appeal Against Sentence, Judicial Discretion
Source Language
English

Case Brief

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Parties

Patrick Matabaro @ Siima

Appellant

Dawson Protace

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence

  1. 1 Whether the sentence of fifteen years imprisonment for manslaughter was manifestly excessive
  2. 2 Whether the trial judge considered irrelevant factors in sentencing
  3. 3 Whether the appellants were denied an opportunity to be heard before sentencing

Ratio Decidendi

The sentence of fifteen years imprisonment was not manifestly excessive given the circumstances bordering on murder, and the trial judge exercised proper discretion considering all relevant factors and affording the appellants an opportunity to be heard.

Court Disposition

appeal dismissed

Orders

  • sentence of fifteen years imprisonment upheld